M.S.Ramachandran v. The Tahsildar
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.08.2024 CORAM :
THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR W.P.(MD)No.19652 of 2024 M.S.Ramachandran
...Petitioner
Vs.
1.The Tahsildar, Ponnamaravathi Taluk, Ponnamaravathi, Pudukottai District.
2.The Inspector of Police, Ponnamaravathy, Pudukottai.
3.The Sub-Inspector of Police, Karaiyur Police Station, Ponnamaravathy, Pudukottai.
4.P.L.Subbaiah ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the respondents herein to grant permission and police protection on 08.09.2024 to celebrate the festival to "Arulmigu Meagakaruppar @ Mettukaruppar Swamy, Kandeduthanpatti, Arasamalai, Ponnamaravathy, Pudhukottai District on the basis of representation dated 25.07.2024. 1/6
For Petitioner : Mr.Baburajendran For R1 to R3 : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor For R4 : Mr.R.Senthil Kumar
ORDER
The Writ Petition has been filed seeking orders to direct the respondents herein to grant permission and police protection on 08.09.2024 to celebrate the festival to "Arulmigu Meagakaruppar @ Mettukaruppar Swamy, Kandeduthanpatti, Arasamalai, Ponnamaravathy, Pudhukottai District on the basis of representation dated 25.07.2024. 2.Mr.E.Antony Sahaya Prabahar, learned Additional Public Prosecutor takes notice for the official respondents and Mr.R.Senthil Kumar, learned counsel takes notice for the fourth respondent. By consent, this writ petition is taken up for final disposal at the admission stage itself.
3.It is not in dispute that similar issue had arisen in the year 2015 and the Hon'ble Division Bench of this Court directed both the parties to 2/6
conduct festival separately.
4.The learned counsel appearing for the petitioner as well as the learned counsel appearing for the fourth respondent would submit that they have conducted the festival separately in the years 2015 and 2016, that there was no festival in the year 2017, that they have conducted festival jointly in the years 2019 to 2022, that there was no festival in the year 2023 and that the private respondent has already conducted the festival on 16.08.2024.
5.The learned counsel appearing for the petitioner would submit that the petitioner has given representation to the concerned officials on 25.07.2024 and they have not passed any orders. 6.The learned Additional Public Prosecutor appearing for the official respondents would submit that the third respondent forwarded the representation of the petitioner to the Tahsildar and that admittedly, the Revenue Officials have not taken any action in this regard. 3/6
7.Though the learned counsel appearing for the fourth respondent had raised objection, the fact remains that there was practice of conducting festival separately in the earlier years. 8.Considering the above, the petitioner is directed to give a fresh representation to the second respondent as well as to the first respondent and on receipt of the same the first and second respondents are directed to consider and pass orders, within a period of three days from the date of receipt of a copy of this order.
9.With the above directions, the Writ Petition stands disposed of. No costs.
19.08.2024 NCC :Yes/No Index :Yes/No Internet : Yes/ No gns Note : Issue order copy on 20.08.2024 4/6
To 1.The Tahsildar, Ponnamaravathi Taluk, Ponnamaravathi, Pudukottai District.
2.The Inspector of Police, Ponnamaravathy, Pudukottai.
3.The Sub-Inspector of Police, Karaiyur Police Station, Ponnamaravathy, Pudukottai.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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K.MURALI SHANKAR, J gns W.P.(MD)No.19652 of 2024 19.08.2024 6/6